Draft AFCA submissions and responses from the claim chronology
Key facts
- Human involvement
- YellowClose supervision
- How AI is used
- Structure an AFCA submission from the claim chronology, draft narrative sections, and list published AFCA determinations cited for you to check.
- What the lawyer must review
- Check the AFCA general insurance threshold: $1,263,000 (from 1 January 2024)
- Note the next adjustment is 1 January 2027 (triennial)
- Check the current compensation caps in the AFCA Rules
- Verify every AFCA determination in AFCA's published database; they are not on AustLII
- Write for AFCA's fairness test under its Rules, not only strict law
- Check time limits: 6 years from awareness of the loss; 2 years from the firm's IDR response
- Confirm AFCA, not VCAT, NCAT or the Federal Court, has jurisdiction, and apply the current Operational Guidelines
- Written for / version
- Australia versionAU
Rules that apply
The document starts from the task name. Change it if this piece of work is different.
Who does what
| Role | What they do |
|---|---|
| Assistance | Potential support includes preparing preliminary structure or wording and summarising source material. Confirm the tool’s capability and permitted scope. |
| Lawyer | Set the scope, supervise the work closely, verify every part relied on, resolve omissions and exceptions, and approve the exact output. |
Checklist
- Calculate operative dates independently from the current rule and actual triggering event. Check exceptions and record the verified deadline.
- Verify dates, people and sequence against contemporaneous records. Preserve uncertainty and identify gaps or conflicting accounts.
- Verify the applicable jurisdiction and the version of each relevant law, rule or instrument in force at the material time.
- Confirm the output against the client’s instructions and the complete relevant source material, including omissions or contradictions.
- Resolve exceptions and record the responsible lawyer’s approval of the exact output and intended use.